Navigating the Building Safety Act 2022 and associated regulations can be a complex process, especially when it comes to preparing and submitting the Building Regulations Compliance Statement (BRCS) for Higher-Risk Buildings (HRBs). The BRCS is a critical document, playing a central role in ensuring that all necessary regulations are met and that projects can move forward safely and legally. But what exactly is the BRCS, and why is it so important?

If you’re responsible for submitting a BRCS, you’re probably feeling the pressure to get it right. The challenge is clear: without an approved BRCS, your project can’t move forward, and construction cannot legally commence as part of the Gateway 2 process.

But why is the BRCS so important, and how can you ensure that yours meets the strict requirements laid out by the Building Safety Regulator (BSR)?

Unfortunately, as a recent report via the Royal Institute of Chartered Surveyors (RICS) on how the BSR requires detail to expedite HRB application process (https://ww3.rics.org/uk/en/journals/built-environment-journal/building-safety-regulator-higher-risk-buildings-application-process.html by Andrew Moore) shows, poor-quality submissions are stalling the approval process for many developers. With the BSR demanding clear, well-prepared compliance statements, it’s more important than ever to get your building control applications right the first time.

This guide, therefore, answers the most pressing questions around the BRCS, focusing on the key issues that professionals often face, such as:

• Why is the BRCS essential?

• What needs to be included, and what can be left out?

• When do you need to submit it to avoid delays?

• Who is responsible for completing it?

• How can you streamline the process and make sure it’s approved quickly?

We understand the growing complexity of the compliance process, and in this guide, we’re here to show you how to navigate it effectively, so you can avoid headaches, meet deadlines, and keep your project on track. So, without further ado, let’s dive into the essential details surrounding the Building Regulations Compliance Statement.

The Building Regulations Compliance Statement (BRCS) is a legally required document under the Gateway 2 process, part of the new regulatory framework established by the Building Safety Act 2022. It serves as a comprehensive declaration that your building project meets all relevant Building Regulations.

Without an approved BRCS, construction on Higher-Risk Buildings (HRBs), such as residential buildings over 18 metres high, cannot legally commence. The BRCS must demonstrate compliance with areas like structural integrity, fire safety, and the use of appropriate materials. This ensures that risks are mitigated from the start and that buildings are designed and constructed safely.

The BRCS is not just a box-ticking exercise; it’s an integral part of the Gateway 2 certification process, which verifies that a project meets all safety and regulatory requirements before ground is broken.

According to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, the BRCS must include:

• The approach taken in relation to each element of the building and the work to ensure compliance with all applicable requirements of the building regulations, and

• The reasons for adopting the approach, together with an explanation of why the approach is appropriate and ensures compliance with all applicable requirements of the building regulations.

Source: The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 – SCHEDULE 1, Documents
Read full legislation

The government’s own guidance also confirms the following:

The building regulations compliance statement must show how the planned building work will meet the relevant functional requirements of the building regulations – should refer to specific guidance, standards, or design codes – should explain how your solutions meet building regulations.

The statement should show your approach to meeting building regulations. It should include clear explanations of which guidance or standards support your approach and why they are appropriate. You should make sure that the guidance or standards you use are the right ones. For example, the Approved Documents may not be suitable for use in a complex or unusual design.

Source: Guidance – Managing building control approval applications for higher-risk buildings
Read full guidance

The BRCS needs to cover every aspect of your project that must comply with the Building Regulations. This includes, but is not limited to:

• Structural safety

• Fire safety measures

• Materials compliance

• Energy performance

• Accessibility standards

• Health and safety considerations

Each of these elements must be clearly outlined in the BRCS, with specific references to the relevant standards and regulations. The document should explain how compliance is achieved, with supporting evidence such as technical drawings, calculations, and design rationales.

As outlined in the official Guidance on managing building control approval applications for higher-risk buildings, your BRCS must:

• Show how the planned building work will meet the relevant functional requirements of the building regulations.

• Refer to specific guidance, standards, or design codes.

• Explain how your solutions meet the building regulations.

The statement should show your approach to meeting the building regulations and include clear explanations of which guidance or standards support your approach, and why they are appropriate.

Important Note: Be sure that the guidance or standards you use are appropriate for your project. For example, the Approved Documents may not be suitable for use in a complex or unusual design.

Source: Guidance – Managing building control approval applications for higher-risk buildings
Read full guidance

What don’t we need to include in the BRCS?

While the BRCS should be comprehensive, there are some areas that can be excluded if they are not relevant to your specific project. For instance:

• Unrelated building types: If your project is a residential building, you don’t need to include compliance information for areas that apply only to industrial or commercial buildings.

• Out-of-scope issues: You don’t need to include elements not covered by Building Regulations, such as purely aesthetic design choices or voluntary sustainability measures beyond regulatory requirements.

It’s crucial to focus on compliance with the legal minimum standards and avoid overloading the document with unnecessary or irrelevant information, as this can cause delays during the approval process.

The BRCS must be submitted as part of the Gateway 2 application. Gateway 2 is the second of three key “gateways” introduced under the Building Safety Act 2022. At this stage, before construction begins, you must submit the BRCS to the Building Safety Regulator (BSR) for approval.

Gateway 2 is the point at which the regulator ensures that the design and plans meet the required safety standards before allowing any construction work to start. Failure to submit the BRCS or submitting an incomplete BRCS will result in delays or the rejection of your application, which can have significant impacts on project timelines.

The responsibility for completing the BRCS generally falls on the principal designer or principal contractor of a building project. These professionals are responsible for ensuring that all design and construction work complies with the Building Regulations.

However, collaboration is key when preparing the BRCS. Multiple stakeholders, such as fire engineers, structural engineers, and building services consultants, will need to contribute their expertise to ensure that all areas of compliance are addressed. Many parts of the BRCS are technical, requiring input from specialists to provide evidence and justifications for design decisions.

At Operance, our Building Regulations Compliance Statement Template makes it easy to assign different sections of the document to the relevant experts on your team, ensuring that every part of the statement is handled by the appropriate person.

The Building Regulations Compliance Statement (BRCS) is more than just another document to tick off your to-do list, it’s a critical requirement for ensuring your project’s compliance with Building Regulations. As the Gateway 2 process requires a fully compliant BRCS before any construction work can legally begin on Higher-Risk Buildings (HRBs), getting this right is vital to avoid costly delays, rejections, and potential legal issues.

The Problem: Compliance Complexity

Let’s face it: building regulations have never been more complex. With stricter controls, new standards, and multiple stakeholders involved in the process, preparing a detailed and accurate compliance statement is daunting. Even seasoned professionals can struggle with:

• Overwhelming documentation: Covering everything from structural safety to fire safety can feel like navigating a maze of technical regulations.

• Coordination challenges: With various specialists, structural engineers, fire safety experts, designers, all contributing to the BRCS, managing input and collaboration can slow down progress.

• Risk of delays: Incomplete or unclear submissions are often rejected or sent back for revisions, causing serious project delays.

What You Should Do: Focus on Clarity, Collaboration, and Compliance

To avoid these common pitfalls, you should focus on a few key strategies:

1. Clarity: Make sure your BRCS clearly explains how your project meets each specific requirement of the Building Regulations. It’s crucial to outline the design approach and reference the appropriate standards or guidance.

2. Collaboration: Assign the right experts to the right sections of the BRCS. This ensures that each part, whether fire safety, structural integrity, or material compliance, is handled by a specialist, reducing the chance of errors or omissions.

3. Compliance: Stay on top of current legislation and Approved Documents, ensuring that your compliance statement aligns with the most up-to-date regulations and standards.

The Solution: Streamline with Our BRCS Template

Achieving this level of clarity, collaboration, and compliance can be challenging, especially when the stakes are so high. But here’s the good news: you don’t have to do it alone.

At Operance, we’ve created a Building Regulations Compliance Statement Template, developed in partnership with SaferSphere, to address these exact challenges. Our template is designed to:

• Simplify: Pre-loaded with predefined terms and structured sections, it guides you step-by-step through the BRCS process, ensuring no important detail is missed.

• Collaborate: Easily assign different sections to the responsible experts on your team, with built-in progress tracking so you can see who’s responsible for each part and how the project is progressing.

• Stay compliant: We provide direct links to relevant legislation and guidance documents, making it easy to reference the standards your project needs to follow.